• May 23, 2017

    McDonald's Calif. OT Policies Grilled At Damages Trial

    McDonald’s intentionally processed overnight shifts at its company-run stores so as to stiff thousands of workers on overtime, counsel for several former employees told a California judge during opening statements Tuesday in a damages trial following the judge’s ruling that McDonald’s violated state labor law.

  • May 23, 2017

    Posner Says Serbia, Not 7th Circ., Should Decide Hotel Case

    The descendants of Serbian mill owners whose property was seized during World War II and later turned into a luxury Radisson Blu hotel in Belgrade have chosen the wrong venue for their ownership dispute, Seventh Circuit Judge Richard Posner wrote in a panel ruling on Tuesday.

  • May 23, 2017

    Cubs, Rooftop Owners Spar Over Stadium Views At 7th Circ.

    The Chicago Cubs and a group of Wrigley Field-area rooftop owners went before the Seventh Circuit on Tuesday to argue whether the baseball team broke a contract when it broke the owners' stadium sight lines in an alleged bid to monopolize game views.

  • May 23, 2017

    2nd Circ. Dumps Sales Tax Row Over Dunkin' Donuts' Coffee

    Dunkin’ Donuts customers who allege the coffee chain illegally imposed a surcharge in the guise of a sales tax can’t litigate their proposed class action in federal court and must apply for a refund through administrative channels instead, the Second Circuit ruled on Tuesday.

  • May 23, 2017

    Ex-Tribal Council Member Pleads Guilty In Casino Theft Row

    A former Winnebago Tribal Council member on Monday pled guilty in Nebraska federal court to taking unauthorized money from the tribe’s casino, with the federal government saying it will recommend a sentence of five years' probation.

  • May 23, 2017

    Goldman Sachs To Unload 4M Hyatt Shares In Secondary Sale

    The Goldman Sachs Group Inc. is planning to sell off part of its stake in Chicago-based hospitality giant Hyatt Hotels Corp. in a secondary sale that could raise about $232 million, according to a filing with the U.S. Securities and Exchange Commission.

  • May 23, 2017

    NJ Assembly Approves 'Airbnb' Tax Bill

    A New Jersey bill that would tax short-term online rental accommodations such as Airbnb and FlipKey passed the state Assembly on Monday and now proceeds to the Senate for consideration.

  • May 23, 2017

    Fla. Swingers Club Fights Models' Suit Over Images

    A Tampa-based swingers club tried Monday to duck a collective action filed by a model for “The Price is Right” and others who say the club uses their images without permission, arguing that the models' lengthy complaint does not meet pleading standards and ensnares the club's property owner who is not involved in the business.

  • May 23, 2017

    NJ Assembly Passes Daily Fantasy Sports Bill

    The New Jersey Assembly on Monday advanced legislation to regulate daily fantasy sports games while the state continues to wait for a decision by the U.S. Supreme Court to take up a case over its attempt to allow full-on sports betting at its casinos and racetracks.

  • May 23, 2017

    1st Circ. Pauses Martha's Vineyard Casino Row For High Court

    The First Circuit agreed Monday to delay the mandate on its recent decision paving the way for a Native American tribe to build a casino on Martha’s Vineyard so that the commonwealth of Massachusetts, a town and a community group can mount an appeal of the ruling at the U.S. Supreme Court.

  • May 23, 2017

    Houston Chef Says Restaurant's Noncompete Unenforceable

    A former executive chef at an upscale Houston seafood restaurant has filed a suit accusing his ex-employer of not letting him out of an unenforceable noncompete agreement after turning the venue into a Tex-Mex eatery.

  • May 23, 2017

    NFL, Fans Dismiss All Claims In Super Bowl Ticket Dispute

    The National Football League and fans who bought tickets to Super Bowl XLV agreed on Monday in Texas federal court to dismiss all of the ticket holders’ claims in their suit alleging that they were displaced from their seats or obstructed from viewing the game at AT&T Stadium in 2011.

  • May 22, 2017

    Texas ‘Gentlemen’s’ Club Suit Blasts Raid Over Latex-Wear

    An El Paso “gentlemen’s club” sued the Texas Department of Public Safety on Monday in federal court, alleging that law enforcement officers stormed the venue to see if the club and its latex-wearing dancers were trying to skirt state taxes imposed on nude entertainment.

  • May 22, 2017

    Hyatt Says It Has Nothing To Do With Fla. FACTA Suit

    Hyatt Corp. told a Florida federal judge Monday that it does not belong in a suit claiming it prints too much information on hotel customers’ credit card receipts, in violation of the Fair and Accurate Credit Transactions Act, arguing it does not own or control the Hyatt Regency Miami where a man bringing the suit allegedly received a bill that put him in danger of identity theft.

  • May 22, 2017

    HomeAway Sues Chicago Over Short-Term Rental Ordinance on Monday filed a federal lawsuit seeking to keep the city of Chicago and its consumer protection bureau from enforcing a new ordinance the vacation rental marketplace said violates federal law and the U.S. Constitution by unclearly and unfairly regulating its platform.

  • May 22, 2017

    US Stopped From Giving Forest Land To Colorado Developers

    A Colorado federal judge on Friday blocked a public-private land swap that would have let a developer with the U.S. Forest Service’s help build a large, year-round hotel, condo and commercial complex near the remote Wolf Creek Ski Area, ruling the government failed to adequately consider the environmental impact and local opposition.

  • May 22, 2017

    Celeb-Going NYC Restaurant Settles Tips Suit For $1.1M

    Ex-employees at celebrity-studded French restaurant Bagatelle in Manhattan’s Meatpacking District on Monday asked a New York federal judge to approve their $1.1 million settlement after claiming in a proposed class action that the restaurant broke the law by misappropriating employees’ tips.

  • May 22, 2017

    Buyer Lands $253M In Financing For NYC Hotel Properties

    BH Properties has secured $252.8 million in financing on three recently purchased Manhattan properties that are ground leased to hotels, according to a statement Monday from New York Life Real Estate Investors, which originated the loan.

  • May 22, 2017

    American Dream Closes $1.67 Billion Construction Financing

    Plans for the stalled American Dream mall project at New Jersey’s Meadowlands Sports Complex have moved forward with the closing of $1.67 billion in private construction financing, its developer announced Friday.

  • May 19, 2017

    Ariz. Co. Settles EEOC Bias Claim Brought By Gay Workers

    An Arizona school meal company has agreed to pay $62,500 and correct working conditions to resolve claims by the U.S. Equal Employment Opportunity Commission that the caterer retaliated against gay cooks who complained of a hostile environment.

Expert Analysis

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • The Stakes Are High In FTI Consulting V. Merit Management

    Brian Koosed

    Litigation over the Section 546(e) safe harbor has been on the rise in the last several years and the defenses against these suits have been furious. This makes the U.S. Supreme Court’s decision to review FTI Consulting v. Merit Management even more important, say Brian Koosed and Robert Honeywell of K&L Gates LLP.

  • When You Can Fire An Employee For Nasty Workplace Talk

    Stephanie Caffera

    How is it possible that an employee who used nasty language when referring to his supervisor on Facebook is protected, while an employee who yelled directly at his manager using similar verbiage is not? There are several key distinctions that help explain the vastly different outcomes in each case, say attorneys with Nixon Peabody.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • Opinion

    Stop Bashing EB-5

    Stephen Ledoux

    What detractors of the EB-5 program seem to miss is that visas for EB-5 entrants are a tiny fraction of our immigration system. I firmly believe in the Statue of Liberty’s call to “Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door.” But I also firmly support a 1 percent set-aside for well-to-do immigrants who desire to come to our shores and grow our economy, says Steve Ledoux of Davis Wright Tremaine LLP.

  • A Look At Airbnb's Legal Battles Across The US

    Thomas Dickerson

    As part of its efforts to improve its compliance image, Airbnb recently agreed to San Francisco's demand to be more transparent about its hosts and to help enforce existing registration laws. Airbnb must enforce local laws with increasing vigor in order to satisfy the list of cities it has displeased, says Thomas Dickerson of Herzfeld & Rubin PC.

  • When You Can't Fire An Employee For A Nasty Facebook Post

    Stephanie Caffera

    Employee discipline may seem like an uphill battle, especially when dealing with the protections afforded to employees under the National Labor Relations Act. The Second Circuit's recent decision in National Labor Relations Board v. Pier Sixty demonstrates several related lessons, including how the NLRA continues to be construed much more broadly than employers generally expect, say attorneys with Nixon Peabody LLP.